Common Insurer Defenses Against Motorcycle Claims in Alberta
If you've been injured in a motorcycle accident in Alberta, you may assume that proving the other driver was at fault is enough to secure fair compensation. Unfortunately, insurance companies rarely make it that simple.
Insurers often use a variety of defenses and tactics to minimize payouts or deny legitimate claims altogether. Their goal is not to compensate you fairly — it's to protect their bottom line.
Understanding these common defenses can help you prepare for what lies ahead and protect your rights from the start.
As Alberta motorcycle accident lawyers who've spent years both defending and challenging insurers, we know every argument they use — and how to counter them.
This guide covers:
Why Insurers Scrutinize Motorcycle Claims
Motorcyclists face unique bias from insurance adjusters. Despite statistics showing that most motorcycle crashes are caused by other drivers, insurers often assume riders are risk-takers or 'partly to blame.'
How Insurers Reduce Payouts:
Common Insurer Defenses in Alberta Motorcycle Claims
Below are the defenses we see most frequently in motorcycle cases — and how they impact your claim:
"You Were Speeding or Driving Recklessly"
Insurers often allege that the motorcyclist was riding too fast, weaving through traffic, or otherwise operating recklessly. This is one of the most common ways they attempt to shift fault. Why they use it: Speeding reduces reaction time and increases impact severity, making it an easy argument to reduce liability. How to counter it: Use accident reconstruction or dashcam evidence to show your actual speed. Prove that the other driver's actions — like turning left without yielding — were the primary cause of the crash. Emphasize that speed alone doesn't cause collisions; driver negligence does.
"You Weren't Visible to the Driver"
Drivers often claim they 'didn't see the motorcycle,' and insurers use this to argue that the rider was hard to spot or in a blind spot. Why they use it: Visibility issues can shift blame to the motorcyclist, especially if lighting or lane position is in question. How to counter it: Alberta law requires drivers to maintain proper lookout — 'I didn't see them' is not a legal defense. Show that you were using headlights, reflective gear, or bright clothing. Demonstrate that the driver had a clear, unobstructed view. Key point: Visibility issues are usually the driver's failure of attention, not the rider's fault.
"You Were Lane-Splitting"
Lane-splitting — riding between two lanes of traffic — is illegal in Alberta. Insurers often claim a motorcyclist was lane-splitting even when they weren't, to argue partial or full fault. Why they use it: If they prove lane-splitting, they can reduce or deny liability entirely. How to counter it: Use witness statements or dashcam footage to confirm your lane position. Show that you were safely within your lane or filtering to avoid danger. Prove that the other driver's actions (e.g., unsafe lane change) caused the collision, not your maneuver.
"You Weren't Wearing Proper Safety Gear"
Another frequent defense is that the rider wasn't wearing a helmet or adequate protective gear, and therefore contributed to their injuries. Why they use it: Alberta's Traffic Safety Act requires all riders and passengers to wear helmets. Insurers argue that non-compliance increases injury severity, reducing compensation under contributory negligence. How to counter it: Prove that your helmet met safety standards (DOT, Snell, or ECE-approved). Show that other injuries (like fractures or spinal trauma) weren't related to helmet use. Emphasize that non-use of gear may reduce head-injury compensation, but not your entire claim.
"The Road Conditions Caused the Crash — Not the Driver"
Insurers often shift blame to environmental factors such as gravel, rain, or potholes to avoid liability. Why they use it: If a non-human factor caused the accident, they may argue their insured driver isn't responsible. How to counter it: Establish that the driver failed to adjust speed or maintain control given conditions. Prove the hazard was known or visible and should have been avoided. If poor road maintenance played a role, you may pursue a separate claim against the municipality or province.
"You Caused or Contributed to the Collision"
This is the classic contributory negligence defense. The insurer argues that your actions — even partially — led to the crash or worsened your injuries.
"Your Injuries Aren't as Serious as You Claim"
Insurers frequently dispute the extent of your injuries or argue that your pain is exaggerated or unrelated to the crash. Why they use it: It's one of the easiest ways to reduce settlement value, especially for soft-tissue or psychological injuries. How to counter it: Obtain consistent medical documentation from doctors and specialists. Avoid gaps in treatment or missed appointments. Provide testimony from rehabilitation professionals, family, or co-workers showing the injury's real-life impact.
"You Had Pre-Existing Conditions"
If you have a history of back pain, prior fractures, or other injuries, insurers might claim that the symptoms existed before the accident. Why they use it: To argue that the accident only 'aggravated' a pre-existing condition, not caused it — lowering your compensation. How to counter it: Use medical experts to show how the crash worsened your condition. Provide pre-accident medical records proving you were functioning normally before. Emphasize that aggravation of a prior condition is still compensable under Alberta law. Key point: Even if you had prior injuries, you're entitled to compensation for how the accident made them worse.
"You Failed to Mitigate Your Losses"
Insurers may argue you didn't follow medical advice, skipped treatment, or returned to work too slowly — reducing your entitlement. Why they use it: Victims are legally required to take 'reasonable steps' to recover and limit financial losses. How to counter it: Follow all medical advice and attend appointments. Keep records of treatment and therapy progress. Show that delays or missed work were due to legitimate medical restrictions.
"You Waited Too Long to File or Notify Us"
Delays in reporting an accident or submitting paperwork can trigger denial based on policy conditions or Alberta's limitation periods. Why they use it: Missed deadlines make it easier to deny coverage or argue prejudice. How to counter it: Report the accident to your insurer within the required time (typically 7–30 days). File formal injury claims within Alberta's two-year limitation period. Seek legal help early to ensure notice and documentation are filed properly.
Key point: Each of these arguments aims to reduce or delay your settlement by questioning your credibility, fault, or injury severity. Even if successful only in part, these tactics can cut your compensation dramatically.
How a Lawyer Protects You From Insurer Defenses
An experienced motorcycle accident lawyer can neutralize insurer tactics and secure full compensation:
Anticipates Common Tactics
Experienced lawyers recognize insurer strategies before they are used.
Builds Strong Evidence
Collects crucial data such as crash data, medical reports, and witness statements early in the process.
Challenges Unfair Allegations
Counters false claims of speeding, recklessness, or exaggeration.
Coordinates Expert Testimony
Utilizes professionals like engineers, doctors, and economists to prove damages.
Handles All Communication
Prevents clients from making statements that could potentially harm their case.
Frequently Asked Questions
Conclusion
Insurance companies often rely on the same set of defenses to reduce motorcycle settlements — blaming riders for speeding, invisibility, or non-compliance with safety laws. Knowing these tactics in advance helps you protect your rights and strengthen your case.
Insurers use predictable arguments to minimize payouts
Most defenses can be challenged with strong evidence and expert support
Even if you share partial fault, Alberta law still allows recovery
A skilled motorcycle accident lawyer can neutralize insurer tactics and secure full compensation
Facing insurer pushback after a motorcycle crash? Contact us today for a free consultation.
No fee unless we win.